Fit ED - OF 11- 1E PROTHONIL CUMBERLAND PENNSYLVAICOUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL CLUB OF SHIPPENSBURG ) OHIO SPRINGS, INC. T/ A SHEETZ, Applicant), ) CIVIL DIVISION Petitioner/ Protestant, ) a STATUTORY APPEAL CASE NO. ) — 1- Lib y vs. ) PETITION FOR APPEAL FROM DECISION OF PENNSYLVANIA LIQUOR CONTROL BOARD PENNSYLVANIA LIQUOR CONTROL ) BOARD, ) Respondent. ) Filed on Behalf of Petitioner, CIVIL CLUB OF SHIPPENSBURG Counsel of Record for this Party: Charles L. Caputo, Esq. Pa. I.D. # 86058 Nicholas A. Miller, Esq. Pa. I.D. # 204141 Caputo, Caputo & Regan, P. C. Buhl Building, 5th Floor 204 Fifth Avenue Pittsburgh, PA 15222 412- 325- 0693 412- 690- 2350 ( facsimile) info@caputolawoffice. com awkA skl spa C, ILA aosL1g
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Fit ED - OF 11-1E PROTHONIL
CUMBERLANDPENNSYLVAICOUNTY
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL CLUB OF SHIPPENSBURG )
OHIO SPRINGS, INC. T/A SHEETZ, Applicant), ) CIVIL DIVISION
After considering the evidence presented at the hearing held on March 18, 2014 and
March 19, 2014, the Pennsylvania Liquor Control Board, at its June 4, 2014 Board Session,
approved the application for " Intermunicipal" double transfer of Restaurant Liquor LicenseR- 19377 to the above captioned location, from Ruby Tuesday, Inc., Hampden 8 Centre,
Hampden Township, Mechanicsburg.
Section 3. 52( b) of the Board' s Regulations states, " Licensed premises may not havean inside passage or communication to or with any business conducted by the licensee orother persons except as approved by the Board."
Section 404 of the Liquor Code states in part, " The Board shall refuse any
application for a new license or the transfer of any license to a location where the saleof liquid fuels or oil is conducted."
After considering the circumstances in the instant case, the Board also approved the
gas pumps located 80 feet distant and the request for interior connections with anunlicensed convenience store.
The approval is subject to the following conditions:
1. The transferred license, which will now be issued in the name of thelicensee for the premises listed in the application, shall be held in
safekeeping by the Board pending completion of the premises and
verification of full compliance with all statutory requirements.
AN EQUAL OPPORTUNITY EMPLOYER EXHIBIT PROCEEDS BENEFIT ALL PENNSYLVANIANS
2
Mark Flaherty, Esquire
July 17, 2014
2. PLCB- 1854TP, " Certification of Completion," affirming all financial
arrangements except the costs of construction/ renovations to the licensed
premises were completed as originally reported. Both parties must sign
and date the Certification of Completion. The Certification of Completion
must be returned to the Board within 15 days of the formal transaction
completion date ( settlement). Failure to conclude settlement within 30
days of the date of this letter may result in the approval being rescinded.
3. Completion of the premises and compliance with the requirements shall be
accomplished within six ( 6) months from this date. Failure to comply withthese requirements shall be considered cause for revocation of the license.
4. Upon completion of the premises, the following will be required to initiatefinal inspection:
Form PLCB- 1689, " Application For Return of License From Safekeeping" and
requisite fee.
PLCB- 1854- TPF, " Certification of Completion," affirming all financial
arrangements including the costs of construction/ renovations to the
licensed premises were completed as originally reported. If the
financing has been modified the changes will be verified by the
investigating officer during the final inspection of the premises.
One photograph at least 4" x 6" in size, of the exterior and main
serving room. The photographs must have a matte finish.
Documentary evidence that a valid health license is displayed on thepremises. This may be in the form of a photocopy or a written statementfrom the issuing authority.
At the time of the investigation, the premises must be ready for
operation as a bona fide restaurant.
Upon completion of the premises the attached forms should be completed
naming a manager and returned to this office together with the requiredfee. One recent photograph of this individual must also be submitted.
The photograph must have a matte finish.
All above mentioned forms are attached for your client' s convenience. Please retain
for use when construction and/ or alterations are completed.
Your client' s application is being approved in accordance with Section 461 of theLiquor Code which provides, in part, that this license cannot be transferred from the
receiving municipality for a period of five ( 5) years after the date the licensed
premises is operational.
AN EQUAL OPPORTUNITY EMPLOYER PROCEEDS BENEFIT ALL PENNSYLVANIANS
3
Mark Flaherty, Esquire
July 17, 2014
If you intend to conduct any catered functions during the calendar year in which thelicense is released from safekeeping, even though no functions have been scheduled, you
must submit an Application for Off -Premises Catering Permit ( form PLCB- 2403) with the
500. 00 filing fee within sixty ( 60) days of the premises becoming operational. Failure
to submit the application and fee within that sixty ( 60) day period will disqualify youfrom obtaining permits for catered events during that calendar year.
A copy of the Board' s Order is attached.
Please see that your client receives the attached copy of this letter.
Sincerely,
7-7 W . Gu .
Jerry W. Waters, Sr., Director
Office of Regulatory Affairs
Refer to: Licensing Board Case Section717) 787- 6728
Hours: 7: 30 AM to 4: 00 PMJWW: ch
AN EQUAL OPPORTUNITY EMPLOYER PROCEEDS BENEFIT ALL PENNSYLVANIANS
After considering the evidence presented at the hearing held on March 18, 2014 and
March 19, 2014, the Pennsylvania Liquor Control Board, at its July 16, 2014 Board Session,
approved the application for " Intermunicipal" double transfer of Restaurant Liquor License
R- 19377 to the above captioned location, from Ruby Tuesday, Inc., Hampden 8 Centre,
Hampden Township, Mechanicsburg.
Section 3. 52( b) of the Board' s Regulations states, " Licensed premises may not havean inside passage or communication to or with any business conducted by the licensee orother persons except as approved by the Board."
Section 404 of the Liquor Code states in part, " The Board shall refuse any
application for a new license or the transfer of any license to a location where the saleof liquid fuels or oil is conducted."
After considering the circumstances in the instant case, the Board also approved the
gas pumps located 80 feet distant and the request for interior connections with an
unlicensed convenience store.
The approval is subject to the following conditions:
1. The transferred license, which will now be issued in the name of the
licensee for the premises listed in the application, shall be held in
safekeeping by the Board pending completion of the premises and
verification of full compliance with all statutory requirements.
AN EQUAL OPPORTUNITY EMPLOYER PROCEEDS BENEFIT ALL PENNSYLVANIANS
2
Mark Flaherty, Esquire
July 31, 2014
2. PLCB- 1854TP, " Certification of Completion," affirming all financial
arrangements except the costs of construction/ renovations to the licensedpremises were completed as originally reported. Both parties must sign
and date the Certification of Completion. The Certification of Completion
must be returned to the Board within 15 days of the formal transactioncompletion date ( settlement). Failure to conclude settlement within 30
days of the date of this letter may result in the approval being rescinded.
3. Completion of the premises and compliance with the requirements shall beaccomplished within six ( 6) months from this date. Failure to comply withthese requirements shall be considered cause for revocation of the license.
4. Upon completion of the premises, the following will be required to initiatefinal inspection:
Form PLCB- 1689, " Application For Return of License From Safekeeping" and
requisite fee.
PLCB- 1854- TPF, " Certification of Completion," affirming all financial
arrangements including the costs of construction/ renovations to thelicensed premises were completed as originally reported. If the
financing has been modified the changes will be verified by the
investigating officer during the final inspection of the premises.
One photograph at least 4" x 6" in size, of the exterior and main
serving room. The photographs must have a matte finish.
Documentary evidence that a valid health license is displayed on thepremises. This may be in the form of a photocopy or a written statementfrom the issuing authority.
At the time of the investigation, the premises must be ready foroperation as a bona fide restaurant.
Upon completion of the premises the attached forms should be completed
naming a manager and returned to this office together with the requiredfee. One recent photograph of this individual must also be submitted. The photograph must have a matte finish.
All above mentioned forms are attached for your client' s convenience. Please retain
for use when construction and/ or alterations are completed.
Your client' s application is being approved in accordance with Section 461 of theLiquor Code which provides, in part, that this license cannot be transferred from the
receiving municipality for a period of five ( 5) years after the date the licensedpremises is operational.
AN EQUAL OPPORTUNITY EMPLOYER PROCEEDS BENEFIT ALL PENNSYLVANIANS
3
Mark Flaherty, Esquire
July 31, 2014
If you intend to conduct any catered functions during the calendar year in which thelicense is released from safekeeping, even though no functions have been scheduled, you
must submit an Application for Off -Premises Catering Permit ( form PLCB- 2403) with the500. 00 filing fee within sixty ( 60) days of the premises becoming operational. Failure
to submit the application and. fee within that sixty ( 60) day period will disqualify youfrom obtaining permits for catered events during that calendar year.
A copy of the Board' s Order is attached.
Please see that your client receives the attached copy of this letter.
Sincerely,
w
Jerry W. Waters, Sr., Director
Office of Regulatory Affairs
Refer to: Licensing Board Case Section717) 787- 6728
Hours: 7: 30 AM to 4: 00 PMJWW: ch
AN EQUAL OPPORTUNITY EMPLOYER PROCEEDS BENEFIT ALL PENNSYLVANIANS
ORDER 11/ 07
BEFORE THE PENNSYLVANIA LIQUOR CONTROL BOARD
OHIO SPRINGS, INC.
Sheetz
359 East King Street
Shippensburg, PA 17257- 1424
Case No. 13- 9164
LID No. 67077
Application filed on a Prior
Approval Basis for
Intetrmunicipal" Double
Transfer of Restaurant Liquor
License R- 19377
The Board, after giving careful consideration to all of the facts established at thehearing, and in the exercise of its discretion, makes the following Order:
ORDER
AND NOW, July 17, 2014, it is ordered and decreed that the Pennsylvania LiquorControl Board approved the application for " Intermunicipal" double transfer of RestaurantLiquor License R- 19377 applied for by Ohio Springs, Inc., Sheetz for premises at 359 East
King Street, Shippensburg, Cumberland County. In the event an appeal is filed an Opinionwill be issued.
Alvin Oberholtzer, Sharon Hershey, Lewis Deardorff, and Luke and Lois Martin should
not be granted standing as intervenors in this matter because they did not attend andtestify at the hearing on how they would be would be directly aggrieved by the approval ofApplicant' s application.
Jaye Alleman should be granted standing as a protestant in the instant matterbecause he resides within 500 feet of the proposed licensed premises.
The Civic Club of Shippensburg should be granted standing as a protestant in theinstant matter because it is a charitable institution that is located within 300 feet ofthe proposed licensed premises.
John Mummau should not be granted standing as an intervenor in this matter becausehe did not provide sufficient non -speculative evidence on how he would be directlyaggrieved by the approval of Applicant' s application.
James Andrews should not be granted standing• as an intervenorhe did not provide sufficient non -speculative evidence on how
aggrieved by the approval of Applicant' s application.
Terry Helm should not be granted standing as an intervenor indid not provide sufficient good cause for his late -filed petition.
Gabler' s Beverage Distributor should be granted standing asmatter based on the Ohio Springs and Wegmans' decisions.
in this matter because
he would be directly
this matter because he
an intervenor in this
Ohio Springs, Inc.
July 17, 2014
PKD, Inc. should be granted standing as an intervenor in this matter based on theOhio Springs and s' decisions.
Malt Beverage Distributors Association should be granted standing as an intervenorin this matter based on the Ohio Springs and Wegmans' decisions.
PENNSYLVANIA LIQUOR CONTROL BOARD
Joseph E. Brion
BY: Chairman
Robert S. Marcus
Member
Tim Holden
Member
ATTEST:
John K. Stark
Secretary
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the within PETITION FOR APPEAL
FROM DECISION OF PENNSYLVANIA LIQUOR CONTROL BOARD was forwarded to
the parties and counsel listed below by facsimile and U.S. Mail, postage prepaid, this 5 th
day of
August, 2014.
Faith S. Diehl, Esquire
Pennsylvania Liquor Control Board
Office of Chief Counsel
401 Northwest Office BuildingCapital and Forster Streets
Harrisburg, PA 17124- 0001
Commonwealth of Pennsylvania
Pennsylvania Liquor Control Board
Bureau of LicensingNorthwest Office Building, Room 108Harrisburg, PA 17124- 0001ATTENTION: Tisha Albert